Daily Yellowstone journal. [volume] (Miles City, Mont.) 1882-1893, 1887-11-15

magistrate, In case Of any person be-
ing convicted. and unable to pay fine
and costs, may take good and suffi.
cient security for the payment of the
same within time not more than
thirty days, and the party becoming
security shall sign an agreement to
that effect to be entered on the dock
cts. II payment is not then made
within the time specified a commit.
ment shall issue against the original
defendant, and an action of debt shall
be instituted against the defaulting Sc
curity.
SECTION 3. Every able-bodied male
person over the age OF twelve years,
who has been convicted rs above pro.
vided, and been committed to custody
in default Of payment of fine and costs
adjudged against him, may be re-
quired by the police magistrate before
whom the trial was had, to pay the
full amount Of such fine and costs by
labor on the streets or public works Of
the city, under the charge Of some des-
ignsted officer Of the city, at the same
rate allowed for confinement alone.
In case such order be made it shall be
indorsed upon the mittlmus. and 1t
shall be tie duty Of the officer receiv-
ing such commitment so Endorsed to
execute the same according to the
tenor and purpose thereof, and every
such person, who shall refuse TO work
as required, or do the same inefficient
ly, carelessly or grudglngly, shall he
returned to Jail, to be placed in solitary
confinement on diet of bread and
water, and so kept until the term Of
his confinement expires or ne Is will
ing to work aud conduct himself prop.
erly. Any person duly convicted,
fined and ordered TO work out the
same as above provided, If he shall
work diligently, and will give security
to the approval Of the police msgis.
trate for his appearance each morning
during the term of his commitment,
need not be confined In the city jail at
night during such time. The officer
or person having charge Of any con.
vict working out fine, may impose
any reasonable restraint upon the
person required to labor, to prevent
any violence or attempt to escape.
SETON 4. In any suit prosecuted
under the ordinances Of this city
either party demanding trial by jury
shall, before venire is issued, advance
the fees of the jury, and the magistrate
trying the action shall enter judg-
ment according to the verdict Of such
jury.
SECTION 5. Where any fine for
breach of any ordinance shall be ad
judged against any woman, or any
person under twelve years Of age, or
any one disabled by any cause from
performing labor on the streets Of
said city, aud such person has been
committed to prison In default Of pay
ing fine and costs, and such person has
been confined not less than ten days,
IL the police magistrate is satisfied that
such person Is unable to pay such fine
and costs, or any part thereof, 1t shall
be his duty with the advice and con.
sent of the Mayor to discharge such
person from further imprisonment,
hut such discharge shall not operate
as a satisfaction Of the judgment
against such person.
SECTION 8. Persons arrested for vio.
lstion of city ordinances shall be ac.
corded q trial with ali convenient dis
patch. Ifany officer makes an arrest
without warrant, he shall proceed
as soon a. may be convenient to file a
sworn complaint and procure such
warrant.
SECTION Z. Whenever 1t shall ap-
pear in the case of any person brought
to trial before the police magistrate
for the violation of any city ordinance
that In addition to the said offence,
such person has been guilty OF 9
greater or different offenc, against
the laws OF the territory, 1t shall be
the duty Of said magistrate in sddi'
tion TO the penalty imposed by city or
nance, 10 require such person to enter
into reoognizance to the Territory 70 r
such other or greater otfence,to appear
aud answer therefor at the next term
of the district court, and in default
thereof, may commit such person 70
custody.
SECTION 8 Where any person has
been arrested and brought to trial Tor
an alleged violation Of any city ordi'
nance, aud II 1t shall appear that the
prosecutor or complaining witness has
acted mnliciously and without prob.
able cause, judgment shall be render
ed against such prosecutor or COM
planning witness for costs, and the
court may issue execution to recover
the same as on Judgments for debt; And
whenever the police magistrate shall
have reason to believe that any CON-
plant Is actusted by malice In making
complaint, said magistrate before Is.